Kansas 2023-2024 Regular Session

Kansas House Bill HCR5021 Latest Draft

Bill / Introduced Version Filed 01/18/2024

                            Session of 2024
House Concurrent Resolution No. 5021
By Representatives V. Miller, Alcala, Amyx, Ballard, Carlin, Carmichael, Carr, 
Curtis, Haskins, Highberger, Martinez, McDonald, Melton, Meyer, D. Miller, S. 
Miller, Neighbor, Ohaebosim, Oropeza, Osman, L. Ruiz, S. Ruiz, Sawyer, Sawyer 
Clayton, Schlingensiepen, Stogsdill, Weigel and Winn
1-18
A PROPOSITION to amend section 1 of article 11 of the constitution of 
the state of Kansas, relating to the assessed valuation of property in 
determining property taxes for real property used for residential 
purposes and real property necessary to accommodate a residential 
community of mobile or manufactured homes.
  
Be it resolved by the Legislature of the State of Kansas, two-thirds of the 
members elected (or appointed) and qualified to the House of 
Representatives and two-thirds of the members elected (or appointed) 
and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of 
the state of Kansas shall be submitted to the qualified electors of the state 
for their approval or rejection: Section 1 of article 11 of the constitution 
of the state of Kansas is hereby amended to read as follows:
"§ 1. System of taxation; classification; exemption. (a) The 
provisions of this subsection shall govern the assessment and 
taxation of property on and after January 1, 2013, and each year 
thereafter. Except as otherwise hereinafter specifically provided, 
the legislature shall provide for a uniform and equal basis of 
valuation and rate of taxation of all property subject to taxation. 
The legislature may provide for the classification and the taxation 
uniformly as to class of recreational vehicles and watercraft, as 
defined by the legislature, or may exempt such class from property 
taxation and impose taxes upon another basis in lieu thereof.  The 
provisions of this subsection shall not be applicable to the taxation 
of motor vehicles, except as otherwise hereinafter specifically 
provided, mineral products, money, mortgages, notes and other 
evidence of debt and grain. Property shall be classified into the 
following classes for the purpose of assessment and assessed at the 
percentage of value prescribed therefor:
Class 1 shall consist of real property. Real property shall be 
further classified into seven subclasses. Such property shall be 
defined by law for the purpose of subclassification and assessed 
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uniformly as to subclass at the following percentages of value:
(1) Real property used for residential purposes including multi-family 
residential real property and real property necessary to 
accommodate a residential community of mobile or manufactured 
homes including the real property upon which such homes are 
located:
Prior to January 1, 2025...........................................................11½%
Commencing January 1, 2025......................................................11%
Commencing January 1, 2026...................................................10½%
Commencing January 1, 2027......................................................10%
Commencing January 1, 2028.....................................................9½%
Commencing January 1, 2029, and thereafter,..............................9%
(2) Land devoted to agricultural use which shall be valued upon the 
basis of its agricultural income or agricultural productivity pursuant 
to section 12 of article 11 of the constitution............................. 30%
(3) Vacant lots.................................................................................. 12%
(4) Real property which is owned and operated by a not-for-profit 
organization not subject to federal income taxation pursuant to 
section 501 of the federal internal revenue code, and which is 
included in this subclass by law...................................................12%
(5) Public utility real property, except railroad real property which shall 
be assessed at the average rate that all other commercial and 
industrial property is assessed......................................................33%
(6) Real property used for commercial and industrial purposes and 
buildings and other improvements located upon land devoted to 
agricultural use.............................................................................25%
(7) All other urban and rural real property not otherwise specifically 
subclassified..................................................................................30%
Class 2 shall consist of tangible personal property. Such 
tangible personal property shall be further classified into six 
subclasses, shall be defined by law for the purpose of 
subclassification and assessed uniformly as to subclass at the 
following percentages of value:
(1) Mobile homes used for residential purposes.............................11½%
(2) Mineral leasehold interests except oil leasehold interests the average 
daily production from which is five barrels or less, and natural gas 
leasehold interests the average daily production from which is 100 
mcf or less, which shall be assessed at 25%.................................30%
(3) Public utility tangible personal property including inventories 
thereof, except railroad personal property including inventories 
thereof, which shall be assessed at the average rate all other 
commercial and industrial property is assessed............................33%
(4) All categories of motor vehicles not defined and specifically valued 
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and taxed pursuant to law enacted prior to January 1, 1985.........30%
(5) Commercial and industrial machinery and equipment which, if its 
economic life is seven years or more, shall be valued at its retail cost 
when new less seven-year straight-line depreciation, or which, if its 
economic life is less than seven years, shall be valued at its retail 
cost when new less straight-line depreciation over its economic life, 
except that, the value so obtained for such property, notwithstanding 
its economic life and as long as such property is being used, shall 
not be less than 20% of the retail cost when new of such 
property.......................................................................................25%
(6) All other tangible personal property not otherwise specifically 
classified.......................................................................................30%
(b) All property used exclusively for state, county, municipal, 
literary, educational, scientific, religious, benevolent and charitable 
purposes, farm machinery and equipment, merchants' and 
manufacturers' inventories, other than public utility inventories 
included in subclass (3) of class 2, livestock, and all household 
goods and personal effects not used for the production of income, 
shall be exempted from property taxation."
Sec. 2. The following statement shall be printed on the ballot with 
the amendment as a whole:
"Explanatory statement. This amendment would decrease the 
assessed valuation in determining property taxes for real 
property used for residential purposes and real property 
necessary to accommodate a residential community of 
mobile or manufactured homes.
"A vote for this proposition would decrease by ½% each year 
for five years the assessed valuation in determining property 
taxes for real property used for residential purposes and real 
property necessary to accommodate a residential community 
of mobile or manufactured homes resulting in a change from 
11½%  to 9% in assessed valuations.
"A vote against this proposition would continue the assessed 
valuation of real property used for residential purposes and 
real property necessary to accommodate a residential 
community of mobile or manufactured homes at 11½%."
Sec. 3. This resolution, if approved by two-thirds of the members 
elected (or appointed) and qualified to the House of Representatives and 
two-thirds of the members elected (or appointed) and qualified to the 
Senate, shall be entered on the journals, together with the yeas and nays. 
The secretary of state shall cause this resolution to be published as 
provided by law and shall cause the proposed amendment to be submitted 
to the electors of the state at the general election in November in the year 
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2024, unless a special election is called at a sooner date by concurrent 
resolution of the legislature, in which case the proposed proposition shall 
be submitted to the electors of the state at the special election.
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